Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. Before arbitrating this dispute, in order to save some money, Ellen and James might be wise to attempt: Litigation Physical violence Negotiation Reconciliation Assassination of each other. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen and James were to mediate their dispute, rather than arbitrate (assume this is okay as they have not yet signed the arbitration agreement), what would they need to do? select a mutually agreed upon mediator present their dispute to a court get a court to select an arbitrator nothing besides sitting down together prepare a brief for consideration of a panel Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen and James did mediate this dispute, their mediator: (Use our discussions ON THE STUDY SHEET - not the book - to answer this question.) would have to be an attorney would have to represent one of them could be anyone at all, in any state is usually a licensed mediator in the state where they are located must be professionally trained according to federal law